Sarvesh vs State of U.P.

Ramesh Sinha and Vinod Kumar Srivastava-III, JJ.—Order on Crl. Misc. IInd Bail Application No. 325779 of 2014.

Heard Sri A.A. Siddiqui, learned counsel for the appellant and Ms. Roli Qausar, learned A.G.A. for the State and perused the record.

The first bail application of the appellant was rejected by Hon''ble S.K. Singh, J. and Hon''ble Ram Autar Singh, J. (since retired) vide order dated 3.11.2009, hence this second bail application has been moved on behalf of the appellant Sarvesh.

It has been contended by the learned counsel for the appellant that the appellant is the husband of the deceased, who died on account of ante mortem burn injuries. He submits that the appellant is in jail for the last more than 13 years as he is in jail since 6.12.2002, hence the appellant may be released on bail as the appeal is not likely to come up in near future for final hearing because paper book is not ready.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.

Let the appellant Sarvesh, convicted and sentenced in S.T. No. 1505 of 2003, case crime no. 408 of 2002 under Sections 304-B, 498-A, I.P.C. and 3/4 D.P. Act, police station Kotwali, District Shahjahanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.